Ramesha K vs State Of Kerala

This Bail Application is filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No. 98/2021 of Adhur Police Station, Kasargod District. The offences alleged against the petitioner are punishable under Sections 376(1), 506(i) of the Indian Penal Code.

The prosecution case is that the petitioner committed rape on the defacto complainant in the month of April, 2015.

The petitioner was arrested on 22.02.2021 and he has been in judicial custody since then.

The learned counsel for the petitioner submitted that, he has been falsely implicated in this crime. It is further submitted that the falsity of the prosecution allegation is evident from the inordinate delay of more than five years in reporting the matter to the Police.

The learned Public Prosecutor submitted that after completion of investigation, final report has already been filed and the matter is pending before the Jurisdictional Court for committal.

Having regard to the entire circumstances including the fact that the final report has already been submitted in this case, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed subject to the following conditions :

(a) The petitioner is ordered to be released on bail on his executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.

(c) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.